| Citation(s) |
|---|
| 2002 SLG 1335 2002 SLD 1335 2002 SCMR 1166 |
Supreme Court of Pakistan
Criminal Petition No. 575-L of 2001, decision dated: 13-02-2002.-(On appeal from the judgment dated 13-7-2001 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 794 of 1993)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Syed Zulfqar Ali Bokhari, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-onR rd for Petitioner. Nerno for the State
Criminal Petition No. 575-L of 2001, decision dated: 13-02-2002.-(On appeal from the judgment dated 13-7-2001 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 794 of 1993)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Syed Zulfqar Ali Bokhari, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-onR rd for Petitioner. Nerno for the State
ALI HUSSAIN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art,185(3) --- Ocular testimony furnished by natural witnesses was corroborated by medical evidence---No background - of enmity existed between the parties--Complainant had no motive to implicate the accused falsely in the murder case---Complainant who was father of the deceased, had charged only the accused and had not thrown the net wide---Substitution in the case of a single accused was a rare phenomenon---Complainant could not be expected to have charged an innocent person and spared the real murderer of his son--Leave to appeal was declined to accused by Supreme Court in circumstances. ORDER QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the judgment dated 13-7-2001 of a learned Judge in Chambers of the Lahore High Court, Lahore passed in Criminal Appeal No.794 of 1993. 2. The petitioner was tried by the learned Sessions Judge, Jhang for the murder of one Sajid Hussain and vide judgment dated 22-12-1993 was convicted under section 302, P.P.C. and sentenced to imprisonment for life as Tazir with benefit of section 382-B, Cr.P.C. He was also directed to pay a sum of Rs.20,000 as compensation to the legal heirs of the deceased within the contemplation of section 544-A, Cr.P.C. or suffer 6 months' S.I. in default. 3. The F.I.R. discloses at on 22-2-1993'at about 2-00 p.m. while the complainant Nawazish Ali alongwith his son Sajid Hussain deceased and other family members was present in his house there was a nock at the door. Responding to the knock the complainant and his son Sajid Hussain went towards the door. When Sajid Hussain opened the door of the 'Dheohri' the petitioner raising a Lalkara that he would teach him a lesson for demanding back money and belabouring him fired a shot from a revolver at Sajid Hussain as a result of which…
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